A judge has ruled that the North Buxton Community Church congregation cannot be evicted from the church and cemetery that they have ancestral ties to.
At least not yet.
Ontario Superior Court Justice Shaun Nakatsuru came to the decision in Toronto on Wednesday that the British Methodist Episcopal Church of Canada (BMEC) cannot evict the congregation in North Buxton until the legal fight over ownership of the property is resolved.
"This is a significant win," said Steven Pickard, a lawyer representing the congregation. "They have won the right to stay in their church until the matter of who owns the church is properly dealt with. BMEC sought to evict them immediately."
The congregation was ordered to vacate the premises in June 2018, after the BMEC claimed legal ownership of the land and announced the intention of taking back the church and cemetery. The congregation broke away from the BMEC back in 2003 to become an independent church.
In response to the order to vacate, the congregation filed a claim to the courts on July 31 that its members be named the true owners of the property. A $2-million lawsuit was also filed against the BMEC for damages.
According to historians, the church was built in mid-1800s by escaped American slaves, and the cemetery serves as the final resting place of the first settlers of Buxton and their descendants. As such, the property holds significant historic value to the Buxton community, some of whom are descendants of the area's first settlers.
Legal counsel representing the BMEC has said the property legally belongs to the church.
"The issues raised are important to both parties," said Justice Nakatsuru in his decision. "There is a long history in this piece of property. It is not just about money or who owns what. The resolution of these issues will have significant impact on the lives of members of the congregation and on the spiritual needs of real people."
-With files from Natalia Vega and Matt Weverink